The marginalization of the Judiciary

The marginalization of the Judiciary

(full text only available in Dutch)

JV 2018, nr. 4

Summary

The extra-judicial sanction application has taken off in recent decades. Many offenses are currently being dealt with in administrative law procedures. When it comes to serious crimes, classical criminal justice still plays a dominant role. But in less serious cases the Public Prosecution Service (OM) or the police often impose a punishment order. A similar reduction of judicial interference can be seen in civil law. It has been government policy to stimulate civilians to solve disputes themselves through mediation or through special bodies charged with dealing with disputes.
The deteriorating position of judges in society is a source of concern, as is shown in this special issue. There are serious doubts whether the legal protection, the discovery of truth and the assessment of the quality of evidence are getting enough attention in all kinds of extrajudicial settlement.

Citizens and legal entities can ultimately bring their case before a court, but often only in the second or even third instance. In this way, the citizen or legal entity who is convicted in the first instance is required to maintain an active litigation. Not everyone is (financially) capable to do that, more so because of the sharp cuts on subsidized legal aid during the past years.